TD visa to Permanent Resident in Canada

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corluc
Posts: 4
Joined: Wed Nov 28, 2007 2:11 am

TD visa to Permanent Resident in Canada

Post by corluc » Wed Nov 28, 2007 2:14 am

Hi,

I'm a Canadian citizen working in USA on my second TN visa and got married this year. My wife got her TD visa from the USA embassy in Bulgaria and joined me here in USA coming straight from Bulgaria.

While being here in USA, she applied for her permanent residence in Canada and she will get her immigration papers for Canada soon. She wants to get her PR card as soon as she gets her immigration papers but we are not intending to move back to Canada permanently until my contract in USA is over (not soon!).

What's the procedure for her to get the PR card and then return to USA on a TD visa again? Do we need to surrender our I-94's when we enter Canada and ask for a new TN/TD visa when we return to USA? Can we return to USA the same day or she has to wait in Canada to get her PR card first? (we have a mailing address in Canada where the PR card will be sent.)

Thanks!

Bill_S
Posts: 25
Joined: Fri Feb 16, 2007 10:53 am
Location: Ohio

Post by Bill_S » Wed Nov 28, 2007 2:46 pm

What is the basis for her Permanent Residence in Canada? Did you sponsor her as a family member, or did she apply on her own?

corluc
Posts: 4
Joined: Wed Nov 28, 2007 2:11 am

Post by corluc » Wed Nov 28, 2007 2:52 pm

I sponsored her!

nelsona
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Post by nelsona » Wed Nov 28, 2007 3:58 pm

You will not need new TN or TD. When travelling to canada there is no requirement to hand back I-94. If you do (and this would be your choice) you would simply get new I-94s when you crossed back, by supplying them with your old I-94 #.

On your sponsorship:

From guide:
http://www.cic.gc.ca/english/pdf/kits/guides/3900E.pdf

"Sponsors not residing in Canada must provide evidence that they reside exclusively outside Canada on the date of giving the undertaking and will reside in Canada at the time their sponsored spouse, common-law partner, conjugal partner and/or children become permanent residents of Canada. Evidence that they will reside in Canada may include one
or more of the following:
· letter from an employer;
· letter of acceptance to a Canadian educational institution;
· proof of having rented/bought a dwelling in Canada;
· reasonable plans for re-establishing in Canada or severing ties to the other country."


Have You provided such proof? Seems to me that you are not planning to "reside in Canada at the time their sponsored spouse, common-law partner, conjugal partner and/or children become permanent residents of Canada."
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

Bill_S
Posts: 25
Joined: Fri Feb 16, 2007 10:53 am
Location: Ohio

Post by Bill_S » Wed Nov 28, 2007 4:18 pm

Further to Nelson's post, how did you complete Part F of the application:


F – Residency Declaration
This section is to be completed by Canadian citizens living exclusively outside of Canada and
sponsoring a spouse, a common-law or conjugal partner, and/or dependent children who have no
children of their own.


Did you declare that you would be living in Canada when your wife lands there? Because it seems that is required. You clearly want to have your wife obtain PR status in Canada, but with you and her living in the USA. It doesn't look like that is going to be possible without deception. You need to talk to a lawyer about this, and be prepared to not like what you are going to hear.

corluc
Posts: 4
Joined: Wed Nov 28, 2007 2:11 am

Post by corluc » Thu Nov 29, 2007 2:03 am

The question I asked is a for a not wanted scenario to see what other people say about a situation like that. In my sponsorship application I stated that since my wife is here in USA with me on a TD visa I would like her to get her PR visa so by the time my contract in USA will be over we both will enter Canada and live there and she will become a PR of Canada at that time. I was honest when I stated that and hopefully my contract will end before her immigration visa will expire (1 year since she has done her medical examination).

We are trying to use her time spent in USA wisely because she will have to apply for PR sooner or later when we are going to return to Canada at the end of my contract so why not apply now?

Now there is another scenario we don't want to happen namely that my contract will not end before the expiration of her visa. All the money and effort we spent will be for nothing in this case. I think it is unfair that the validity of her visa is only for one year since her medicals without any chance of extending this period of time.

On the other hand Canadian law regarding this subject is confusing. What does it mean "sponsor has to live in Canada" when the sponsored person becomes PR? There is no clear definition of this. If I go for two days in Canada and live in a hotel that means that I am living in Canada? What's the minimum period of time that I'm supposed to live in Canada to be considered as "living in Canada".

There are many cases that Canadian living abroad are getting married and return together with their spouses in Canada after a long period of time so they will become PR's. They have no rented apartment and no jobs at the beginning, right? Are the sponsors in these cases considered as "living in Canada"? The answer is "No" but their spouses are still granted PR status.

I would like you to come with strong arguments regarding this subject not only with quotes from the sponsorship application package.

Thanks!

nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Thu Nov 29, 2007 2:50 pm

"What does it mean "sponsor has to live in Canada" when the sponsored person becomes PR?"

The application, which you seem to stick your noese up at, expalins what it means to livei nCanada: have a home there, a job there, go to school there, give up your ties in other countries.

It looks like you are looking for a specific answer, so I will give it to you:

Yes, you can do whatever you want, live wherever you want, say whatever you want to the officer, and live happily ever after.


Feel better?
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

corluc
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Post by corluc » Thu Nov 29, 2007 3:22 pm

Yup, I feel much better now nelsona!:)

Thanks!:)

Bill_S
Posts: 25
Joined: Fri Feb 16, 2007 10:53 am
Location: Ohio

Post by Bill_S » Thu Nov 29, 2007 3:40 pm

Nobody has to come up with any strong arguments for you. I didn't sponsor anybody for Canadian PR, you did. If you don't like the rules, that's your business. When your wife formally activates her PR visa and "lands" in Canada, she is going to be asked a number of questions. There is nothing CIC tolerates less than untruthfulness at landing. What is she going to say when they ask her where her sponsor lives? What will she do if they ask for proof? Before the two of you play any word games with CIC, pay for some legal advice.

And since I'm sure you won't do that, at least have a plan in place for what to do if your wife's landing goes badly and she is denied PR.

nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Thu Nov 29, 2007 3:44 pm

Bill, believe it or not we've had this same argunment on a TN website with corlucSame 'wants', same denials.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

Bill_S
Posts: 25
Joined: Fri Feb 16, 2007 10:53 am
Location: Ohio

Post by Bill_S » Thu Nov 29, 2007 4:31 pm

LOL... forum shopping. That's almost as bad as POE shopping. This exchange reminds me a bit of one on the old Grasmick forum: the H1 who was switching to a TN job and insisted that she was going to get TN and then give 2 weeks notice at H1 job... refused to believe she couldn't have both H1 and TN status simultaneously.

corluc, if you're still there, it sounds like there's already a hand grenade in your wife's file. Circumventing the rules at landing will pull the pin. When it all blows up it might send your wife back to Bulgaria. Is it worth the risk?

nelsona
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Joined: Wed Oct 27, 2004 2:33 pm
Location: Nowhere, man

Post by nelsona » Thu Nov 29, 2007 4:40 pm

I think that she will be fine staying US on TD with corluc on TN.


As to his assertion that all those who marry outside canada come back to canada without a job or a place to live.. c'mon, give us some credit.

They find a job before leaving, they have a pretty good idea where they are going to live, and they can definitely show that they are packing up all there worldly goods.

They aren't just driving up to the border with a fake address and a permanent job in US and playing pretendsies.
Nelsona Non grata. Non pro. Search previous posts. Happy Browsing :D

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